Tasman Highway, South of Triabunna - Quarry - Consent Decision

This was an appeal pursuant to Section 61(4) of the Land Use Planning and Approvals Act 1993, against Council's grant of conditional approval for a quarry.

A preliminary hearing was held at Triabunna on the 26th of March 1998.

As a result of a conference pursuant to Section 17 of the Resource Management and Planning Appeal Tribunal Act 1993 held on the 26th March 1998 at Hobart, agreement was reached between the parties as to the terms of a decision of the Appeal Tribunal and the terms of that agreement were reduced to writing and were signed by the parties and given to the Appeal Tribunal.

The Appeal Tribunal being satisfied that a decision in the terms as agreed by the parties would be within the powers of the Appeal Tribunal and would be an appropriate decision makes a decision accordingly without holding a hearing.

The decision of the Appeal Tribunal is that the decision of the Glamorgan/Spring Bay Council is varied as follows:

"That Mr Salmon pay Council the sum of $750.00 as complete payment for the construction and sealing of the entrance off the Tasman Highway; the work to be undertaken at the same time as the sealing of the entrance to Council's refuse disposal site at Orford."

"That crushing for 15 days, or 5000 cubic metres of material, be permitted annually subject to the General Manager being notified prior to the beginning of each crushing operation."

The Tribunal will entertain any application for an order for costs in this appeal, if made to the Tribunal in writing with supporting submissions within the next fourteen days. If requested the Tribunal will reconvene to hear any evidence in respect of any matter bearing on an order for costs.

In the absence of any such application for an order for costs the order of the Tribunal is that each party bear its own costs.